Greg L-W

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Hi,The aim of this blog is to accrue information that may be of help to you & links to other sites I have found of help, including sites run or managed by friends and associates.Do send me a message of anything you feel would help.Regards, Greg L-W.Greg_L-W@BTconnect.com

Wednesday, 20 March 2013

CAVEAT: Still some format editing to do!

ROYAL CHARTER ON SELF-REGULATION OF THE PRESS

ELIZABETH THE SECOND
by the Grace of God of the United Kingdom of Great Britain and Northern
Ireland and of Our other Realms and Territories Queen, Head of the
Commonwealth, Defender of the Faith:

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!

WHEREAS on 13th-July 2011 Our Prime Minister announced to Our Parliament the establishment of an Inquiry into the culture, practices and ethics of the press:

AND WHEREAS Our Baroness Browning, Minister of State at the Home Office and the Right Honourable Jeremy Hunt, Our Secretary of State for Culture, Olympics, Media and Sport appointed the Right Honourable Lord Justice Leveson as Chairman of this Inquiry, pursuant to section 3(1)(a) of the Inquiries Act 2005,
by letter dated 28th-July 2011, to be assisted by a panel of senior
independent persons with relevant expertise in media, broadcasting,
regulation and government appointed as Assessors under section 11(2)(a)
of that Act:

AND
WHEREAS the Terms of Reference for the Inquiry included provision for
the making of recommendations for a new more effective policy and
regulatory regime which supports the integrity and freedom of the press,
the plurality of the media, and its independence, including from
Government, while encouraging the highest ethical and professional
standards:

AND
WHEREAS the Report of the Inquiry into the Culture, Practices and
Ethics of the Press was presented to Parliament pursuant to section 26
of the Inquiries Act 2005 on 29th November 2012:

AND
WHEREAS the Report of the Inquiry recommended that for an effective
system of self-regulation to be established, all those parts of the
press which are significant news publishers should become members of an
independent regulatory body:

AND WHEREAS t

he independent regulatory body which is intended to be the successor to the Press Complaints Commission should put forward the Editors’ Code of Practice as its initial code of standards:

AND
WHEREAS the Report of the Inquiry recommended that there should be a
mechanism to recognise and certify an independent regulatory body or
bodies for the press, and that the responsibility for such recognition
and certification should rest with a recognition body:

AND
WHEREAS the Report of the Inquiry recommended that such a recognition
body should not be involved in the regulation of the press:

AND
WHEREAS it is in the interests of Our People that there should be a
body corporate established for the purpose of determining recognition of
an independent regulatory body or bodies, in pursuance of the
recommendations of the Report of the Inquiry.

18-March 2013

(published)

2

NOW KNOW YE that We by Our Prerogative Royal of Our especial grace, certain

knowledge and mere motion do by this Our Charter for Us, Our Heirs and Successors will, ordain and declare as follows:

1.

INCORPORATION

1.1.

There shall be a body corporate known as the Recognition Panel.

1.2.

There
shall be a Board of the Recognition Panel which shall be responsible
for the conduct and management of the Recognition Panel’s business and
affairs, in

accordance with the further terms of this Charter

.

1.3.

The
members of the Board of the Recognition Panel shall be the only Members
of the body corporate, but membership of the body corporate shall not
enable any individual to act otherwise than through the Board to which
he belongs.

2.

TERM OF CHARTER

2.1.

This Charter shall take effect from [date subsequent to the date of sealing].

2.2.

This
Charter shall continue in force unless and until it is dissolved, in
accordance with Article 10, by Us, Our Heirs or Successors in Council,
or otherwise.

3.

PURPOSE

3.1.

The
Purpose for which the Recognition Panel is established and incorporated
is to carry on activities relating to the recognition of Regulators in
accordance with the terms of this Charter.

3.2.

Provisions and definitions to assist in the interpretation of this Charter are contained in Schedule 4

(Interpretation).

4.

FUNCTIONS

4.1.

The Recognition Panel has the general functions, in accordance with the terms of this Charter, of:

a)

determining applications for recognition from Regulators;

b)

reviewing whether a Regulator which has been granted recognition shall continue to be recognised;

c)

withdrawing
recognition from a Regulator where the Recognition Panel is satisfied
that the Regulator ceases to be entitled to recognition; and

d)

reporting on any success or failure of the recognition system.

4.2.

In performing the general functions in Article 4.1 the Board shall apply the Scheme of Recognition set out in Schedule 2

(Scheme of Recognition).

18-March 2013

(published)

3

4.3.

The
Board shall manage the assets of the Recognition Panel efficiently and
effectively so as to best achieve the Recognition Panel’s Purpose.

4.4.

The functions of the Recognition Panel shall be public functions.

5.

APPOINTMENTS AND MEMBERSHIP

5.1.

The Board of the Recognition Panel shall consist of a Chair and no fewer than 4 and no more than 8 other Members.

5.2.

Appointments to the Board of the Recognition Panel, and the terms of such

appointments, shall be regulated by Schedule 1 (Appointments and Terms of

Membership)

.

6.

GOVERNANCE

6.1.

Subject
to the terms of this Article, the Board shall determine and regulate
its own procedures for conducting its business and discharging its
functions under this Charter.

6.2.

The Board shall not delegate the following decisions:

a)

A decision to recognise or withdraw recognition from a Regulator in accordance with the Scheme of Recognition;

b)

A decision to undertake an ad hoc review in accordance with the Scheme of Recognition.

6.3.

The Board shall put in place arrangements by which a Member can:

a)

register his interests or any other matter he considers relevant to the Purpose of the Recognition Panel;

b)

determine whether any interest he holds, directly or indirectly, gives rise to a conflict of interest;

c)

declare such conflicts to the Board; and

d)

absent himself from decision-making where the Board determines it is appropriate so to do.

6.4.

The Board shall publish its procedures.

7.

STAFF

7.1.

The
Recognition Panel may employ staff or otherwise engage people whose
services are deemed expedient in order to carry out or promote the
Purpose of the Recognition Panel, and, in particular, to organise,
assist with the work of, and advise the Board.

18-March 2013

(published)

4

7.2.

The
Board may authorise the payment of remuneration to members of staff or
pay or make payments towards the provision of pensions, allowances or
gratuities, at such rates or amounts as it determines.

7.3.

None
of the following may be a member of staff employed by the Recognition
Panel or be otherwise engaged by the Recognition Panel in a similar
capacity (whether on a full-time or part-time basis):

a)

a relevant publisher or someone otherwise involved in the publication of news or current affairs in the United Kingdom;

b)

a

person who is part of the governing body of a relevant publisher;

c)

the chair or member of the Board of a Regulator;

d)

a member of staff working for a Regulator or relevant publisher;

e)

a civil servant;

or

f)

a serving or former member of the House of Commons, the House of Lords, the

Scottish Parliament, the Northern Ireland Assembly or the National Assembly for Wales.

8.

POWERS

8.1.

The
Recognition Panel, acting through the Board, may do all things that are
lawful as may further the Purpose of the Recognition Panel, and in
particular, but without limitation may:

a)

borrow or raise and secure the payment of money for the purpose of performing the Panel’s general functions;

procure professional financial advice, including for the purpose of achieving best value for money.

9.

CHARTER AMENDMENT

9.1.

A
provision of this Charter may be added to, supplemented, varied or
omitted (inwhole or in part) if, and only if the requirements of Article
9.2 are met.

9.2.

Before
any proposal (made by any person) to add to, supplement, vary or omit
(inwhole or in part) a provision of this Charter (“proposed change”) can
take effect a draft of the proposed change must have been laid before
Parliament, and approved by a resolution of each House. For this purpose
“approved” means that at last two-thirds of the members of the House in
question who vote on the motion do so in support of it.

9.3.

The
Recognition Panel may only propose a change to the terms of this
Charter if a resolution has been passed unanimously by all of the
Members of the Board, who shall determine the matter at a meeting duly
convened for that purpose.

18-March 2013

(published)

5

9.4.

The
provisions of Article 9.2 do not apply to a proposed change to the
Charter that is required merely to correct a clerical or typographical
error.

9.5.

Provided
the terms of Article 9.2 have been met, any such addition, supplement,
variation or omission shall, when approved by Us, Our Heirs or
Successors in Council, become effective so that this Charter shall
thenceforth continue and operate as though it had been originally
granted and made accordingly.

10.

DISSOLUTION

10.1.

This
Charter, and the Recognition Panel created by it, shall not be
dissolved unless information about the proposed dissolution has been
presented to Parliament, and that proposal has been approved by a
resolution of each House.

For this purpose
“approved” means that at least two-thirds of the members of the House in
question who vote on the motion do so in support of it.

10.2.

The Recognition Panel may, if it appears necessary to the Board (acting

unanimously) to do so:

a)

surrender this Charter (and, provided the terms of Article 10.1 have been

complied
with, thereafter dissolve the Recognition Panel) with the permission of
Us, Our Heirs or Successors in Council and upon such terms as We or
They consider fit, and

b)

wind up or otherwise deal with the affairs of the Recognition Panel in such

manner as they consider fit, provided that all remaining funds (which remain

once
the debts of the Recognition Panel have been paid in full) together
with the proceeds from the sale of any assets belonging to the
Recognition Panel shall be paid to the Consolidated Fund.

10.3.

The dissolution of the Recognition Panel is subject to any applicable statutory

provisions
or other legal requirement (relating to the cessation of the body’s
operation, including as an employer or contractor).

11.

MONEY

11.1.

The
Exchequer shall grant to the Recognition Panel such sums of money as
are sufficient to enable the Board to commence its operations and
thereafter fulfil its Purpose for the first three years after the date
upon which this Charter becomes effective.

The grant of such monies shall be on such terms as Managing Public Money requires.

11.2.

The
Board shall prepare annual budgets for each financial year, and in
doing so shall have regard to the need to ensure it achieves value for
money.

For the first three years after the date upon
which this Charter becomes effective, the Board shall provide the Lord
Chancellor, upon request, with such budgets, once prepared, and with
such other information as she requires, in order to estimate the on
going costs of the Recognition Panel from time to time.

18-March 2013

(published)

6

11.3.

The
Board shall prepare, consult publicly upon, and publish a scheme for
charging fees to Regulators in relation to the functions of recognition
and review, to come into force from the third anniversary of the date
upon which this Charter becomes effective.

Any fee charged shall comply with Article 11.4.

The
aim of the scheme shall be for the Recognition Panel to recover its
full costs in determining applications for recognition and for
conducting cyclical reviews, as appropriate.

11.4.

The

Board may determine to set different fees for different circumstances.

A

fee may not exceed the following amounts:

a)

in the case of a fee relating to an application for recognition £x;

b)

in the case of a fee relating to a cyclical

review £y; and

c)

in

each

case

the amount specified shall be

revised

, annually,

according to

the

indexation

formula

specified at Article 1

1

.5.

11.5.

T

he

following

indexation formula is

to be used by the

Recognition

Panel to

vary

all financial

amounts

specified in this Charter, including those in the Schedules

to this Charter

. Wh

ere no period for variation is specified,

the amount

shall be

varied

on each annual anniversary of the date this Charter becomes effective

:

[

formula using the Consumer Prices

Index]

11.6.

The Board shall design the scheme so that fees become due and payable

irrespective of the success of an application

or the outcome of a cyclical review

, and

for their

consequent

enforceability as a matter of private contract law

.

11.7.

In the event

that the Board considers that its income (from whatever source

received) is likely to be insufficient to meet its expenditure

relating to (a) legal

or

other expe

nses arising from litigation or threatened litigation,

(b)

ad hoc

reviews

or

(c) wholly unfores

een events

, it shall have the right to request further

reasonable

sums from the Exchequer

.

In response to such a request, t

he Exchequer shall grant

such sums to the Recognition Panel

as it considers necessary to ensure that

the

P

urpose of the Recognition P

anel

is

not

frustrated by a

lack of funding.

11.8.

References to the Exchequer in this

A

rticle mean the Exchequer acting

through the

Lord

Chancellor

, and with the consent of the Lord

s Commissioners of

Our Treasury.

11.9.

Each Member shall exercise fiduciary dutie

s in relation to the use

and

management

of all

monies r

eceived

by the Recognition Panel

. The Chair

shall

appoint one Member to take specific responsibility for reporting to the Board on the

management of the

finances

of the

Recognition Panel

.

12.

ACCOUNTS

12.1.

The Board must keep proper accounts and proper records in relation to the

accounts.

1

8

March 2013

(published

)

7

12.2.

The Board must prepare a statement of accounts for each financial year, and

must send a copy of the statement to the Comptroller and Auditor General as soon

as

practicable

after the end of the financial year.

12.3.

In accordance with

any necessary

arrangements made between the

Comptroller and Auditor General and the

Recognition

Panel, the Comptroller and

Auditor General will examine, certify and report on the statement

each year

.

12.4.

The

Recognition

Panel shall

make arrangements for

a copy of the certified

statement and the Compt

r

oller

and Auditor General’

s report to

be laid before

Parliament

.

12.5.

In this

A

rticle

,

and Article 13

:

a)

“financial year” means:

i.

the period

beginning with the date this Charter becomes effective under

Article 2 (

term of charter

) and ending with the following 31 March; and

ii.

each successive period of twelve

months ending with 31 March;

b)

where the administrative assistance of a

Minister of the

Crown

is required for

the Recognition Panel to lay a document

before

Parliament, the

Lord Chancellor

shall provide such assistance.

13.

REPORTS

13.1.

As soon as practicable after the end of each financial year the Board must

prepare and publish a report about th

e activities of the Recognition Panel during that

year

, including whether it has granted recognition to, or withdrawn it from a